he said it looks like 350day in jail or probation but only if he pleas guilty. This happened in Jan this year and he's just now in court for it. We werent together then, but he was on a date and the girl had way too much...passed out in the car...and he only had maybe a couple of beers that nite, and bad thing...was smoking pot too..he didnt think the cop had seen that part cause they searched the car and didnt say anything about it and didnt take it either. He has been to jail before but only for outstanding tickets and nothing else.
so with that being said....what are his chances of getting probation and all that comes with it without any jail time? Please dont be rude about his actions...they are in the past and yes now he is paying...but also dont sugar coat what can happen. Serious answers only please!
2006-12-07 05:09:53 · 11 answers · asked by Get_R_Done_n_Dallas 3 in Politics & Government ➔ Law Enforcement & Police
we live in TX (dallas area)
2006-12-07 05:10:45 · update #1
he doesnt drink and drive anymore and most certainly doesnt smoke....yes what he did was wrong, yes it happened in the past and is paying for it in the present. but the past is the past....i won't hold that bad decision in his past against him and break up. i just wanted to know what could happen. Thanks for the help..keep it coming
2006-12-07 05:27:21 · update #2
he was very cooperative, did everything he was supposed to do, no accident. I cant remember why he was pulled over in the first place..with his ticket record i would guess speeding...lol yes he has a lawyer. he is in court now as i am typing this so i can only get answers when he takes a break from court and sends me a txt msg.
2006-12-07 05:32:33 · update #3
It's going to vary by state and state laws are constantly changing. I don't know how it is in Texas, but for my first (and only) offense 4 years ago (got mine 4 years ago today actually) I had a suspended sentence plus 3 days in a driver intervention program as well as a couple of thousand in fines and fees and a 6-month suspended license. But as I said, it's going to vary by state (mine was in Ohio) and what the law was at the time of the event. And too, I know at least in Ohio...penalty also depends (or at least depended) on the BAC.
If I remember correctly, I believe my attorney had me please no contest - guilty would have been much worse on me. The judge in my case lost a daughter to a drunk driver and my dad is a cop, so trust me - I got a very stern lecture and the biggest punishment for me wasn't the suspended license or the fines/fees but the disappointment I caused my parents.
Unless your boyfriend clearly has a drinking problem don't go searching for a new one as others have suggested. People make mistakes and you'd be surprised at just how many people from all walks of life have something like this in the background. I learned this after I had been there/done that myself.
2006-12-07 05:19:36 · answer #1 · answered by Sunidaze 7 · 1⤊ 0⤋
It matters not that the DWI charges were dropped in court. It is well documented that DWI drivers have the largest percentage of accidents. The fact that you were even charged is enough for the insurance company to drop you. The surcharge may be for the time you were first charged and the notification to the insurance company. Since you were covered during that time, the company has the right to collect money for that period of time. In Florida, it is called DUI (Driving Under the Influence), which could be either alcohol and/or drugs. Your driving record will now be a big factor in determining future insurance rates. Hope it was a lesson learned.
2016-05-23 03:54:08 · answer #2 · answered by Pauline 4 · 0⤊ 0⤋
What state did it happen in? Is it his first offense? If it's his first offense, he probably won't get jail time, especially since he was cooperative and they didn't find drugs or weapons on him. He'll definitely lose his license for 6 months to a year, maybe have to do some community service, and maybe have to take some "alcohol awareness" classes or enroll in an out-patient treatment program for a set amount of time. His lawyer should be able to work something out witht he prosecutor; after all that is what he is paying the lawyer for.
2006-12-07 06:31:22 · answer #3 · answered by 420 5 · 1⤊ 0⤋
I'm not sure of what the laws are in TX, but the 350 day in jail is likely a maximum sentence for a 1st offense.
When I got one in MS, I received 2 days suspended (didn't have to serve), a fine of about $1000, lost my license for 90 days, and had to take drunk-driving school. Plus my insurance rates doubled.
Best advice would be for your b/f to talk to a lawyer who handles DUI cases. He/She would be able to advise him better on what are the usual penalties the judge hands out. And, while it's true that lawyers are expensive, the fines and penalties of a DUI conviction would probably be worse.
2006-12-07 05:25:04 · answer #4 · answered by Jay E. 3 · 2⤊ 0⤋
Does he have a lawyer? That would improve his chances of only having to serve probation. They don't usually put people in jail for a first offense unless he has some other charges also. Was he disorderly? Did he resist arrest? Did he have an accident with property damage or injuries? I wouldn't take everything your b/f tells you as gospel regarding the whole episode. Maybe it's time to start looking for a new one.
2006-12-07 05:24:10 · answer #5 · answered by PRS 6 · 1⤊ 1⤋
I assume he has a lawyer, that would be something he would need, but assuming he has no prior arrest history etc. its possible he could get probation, I would suggest maybe going to a couple AA meetings, it will look good for him. I realize he is not an alcoholic, but it still helps
2006-12-07 05:58:54 · answer #6 · answered by bunnydlh 3 · 1⤊ 0⤋
Trying not to be rude, it might have happened in the past, but he is going to pay for in the present. I think he should get some jail time, taking into consideration, that he has been in jail before and that alone was not a deterrant.
2006-12-07 05:14:25 · answer #7 · answered by Anonymous · 2⤊ 2⤋
NO SYMPATHY!
I'm sorry ma'am but it really doesn't matter that he did it in the past. I was hit by a drunk a few years ago and it doesn't matter to me that it happened in the past.
**Imagine this** You get a call at 2AM. Who is it, the police that is saying that your parents and rest of family were involved in a head on accident. Do you understand what goes through your head? My dad lost a part of his foot with many injuries. My Mother broke 3 bones as well as her RIBS! My sister suffered many bruises. My 5 YEAR OLD Brother got many bruises. As for the Drunk Driver's, They both flew out the window and died at the scene in front of my family!!
Oh but it's OK because the Drunk Drivers would have learned their lessons!!!
What your boyfriend did was play Russian Roulette with a 3,000 pound bullet! Have you ever heard of a TAXI??
******************EDIT********************
I think it is really funny that you guys are giving me bad remarks. This girl is a complete idiot about "the past is the past." This happened less then a year ago and he is barely going to court for it? It's also funny that many of you see drunk drivers as a nuisance rather than Criminals. Once you feel bad for them you might as well feel bad for rapist too!!!
2006-12-07 06:12:37 · answer #8 · answered by Myke 2 · 0⤊ 2⤋
Texas..... prisons are plentiful in your state and they will make room if they have to make him sleep on a concrete floor. Like I said in another answer. It depends on the Judge and the DA recommendations.
2006-12-07 05:14:15 · answer #9 · answered by docie555@yahoo.com 5 · 1⤊ 1⤋
it depends on many factors
the judge could be wholy set to teach your bf a lesson and make an example out of him.
or be lenient if its first time offense
You should be looking for another boyfriend.
2006-12-07 05:12:54 · answer #10 · answered by arus.geo 7 · 2⤊ 2⤋